How To Sue a Negligent Nursing Home in MS: A Step-by-Step Guide

Families facing care decisions for their elderly loved ones have justifiable concerns about the prospect of nursing home abuse and neglect in Mississippi.

Holding staff accountable is essential in promoting the safety and well-being of all residents. In addition to filing reports with authorities such as the Mississippi Board of Nursing or a Mississippi ombudsman, families who have uncovered evidence of nursing home negligence often pursue legal action as a path to justice for their loved one and compensation for pain, suffering and other damages.

See the Red Flags: Recognizing the Signs of Abuse or Neglect

Residents of Mississippi nursing homes can suffer from a variety of abuse and neglect. How do loved ones determine that something is wrong? The resident may exhibit signs of physical abuse, such as bruises, or report pain. Sometimes, they suffer emotional abuse from staff yelling at them or alienating them.

Another form of abuse involves improper and unauthorized access to the resident’s finances.

Medical neglect means the staff has overlooked health needs or failed to bring the issues to the attention of a nurse, physician or emergency responders.

These forms of abuse and neglect all violate Mississippi nursing home regulations. Warning signs to watch for include:

• Resident shows inexplicable fear.
• The resident has injuries.
• Your loved one exhibits poor personal hygiene.
• You determine there have been unaccountable financial changes.

Steps To File a Nursing Home Abuse Lawsuit in Mississippi

1. Consult an Attorney

   Contact us immediately for legal advice if you notice any signs of neglect or abuse.

   Your attorney will guide you through setting up a nursing home abuse lawsuit, explain the timetable and what you need to do next, such as documenting what has gone wrong.

2. Gather Evidence

   You need to obtain pertinent evidence to support the legal argument against the nursing home.

   Types of useful evidence include:

   • Medical records:Get this information from your loved one’s nurses and doctors.
   • Photos of injuries: Use your smartphone or camera to take pictures of the injuries.
   • Witness statements: Obtain on-the-record comments about what witnesses saw occurring with your loved one.
   • Financial documents: If you suspect the nursing home staff is stealing from the resident, provide banking statements and other documents.
   • Incident reports: For example, the documents you sent to the Mississippi Department of Health

3. File a Legal Complaint

   Here are the basics of what the complaint must include:

   • Parties involved: A list including the injured loved one, family and staff of the nursing home
   • Allegations of abuse or neglect: Details of the accusations of abuse/neglect against the nursing home resident
   • Evidence and damages: This includes documentation and photos to show the extent of the abuse or neglect.
   • Filing the complaint with the appropriate court: Your lawyer will determine which court to file the detailed complaint with.

4. Discovery Phase

   This involves exchanging facts about the case between parties. The court will need to hear more information, such as depositions and comments from experts.

5. Negotiation or Settlement

   Your case may not need to go to trial if your lawyer can resolve the case with the nursing home.

   If so, the lawyer will work on obtaining suitable compensation for medical bills, pain, suffering and relocation of your loved one.

6. Go to Trial (If Needed)

   After you speak with one of our lawyers, all of whom have extensive experience in Mississippi nursing home neglect, he or she will weigh all your options in pursuit of justice and compensation.

   Then, if necessary, the next step will be to prepare for trial.

   Your lawyer will present the case in court, about how the staff neglected your loved one and the resulting harm, injury or death. After hearing the lawyer’s presentation, the judge or jury will issue a decision about the matter.

Financial Recovery After Nursing Home Neglect or Abuse

In general, the potential compensation may involve:

• Medical Treatment:Your loved one may require the services of healthcare professionals.
• Psychological Care: Sometimes, the abuse is mental, and will involve expert psychological assessment and therapy.
• Pain and Suffering: Elders who have experienced abuse or neglect in nursing homes may be entitled to compensation for their pain and suffering, as we work to hold the staff accountable.
• Relocation/Funeral Expenses (in wrongful death cases):Unfortunately, when abuse happens, you may need compensation to relocate your loved one to an alternative residential facility. Or, when a death occurs, you’ll sue to receive compensation covering funeral expenses.

Do You Need Help Filing a Lawsuit Against a Nursing Home That Neglected Your Loved One in Mississippi?

If your loved one experienced nursing home neglect, you need a legal team that will fight for you.

Do you or a loved one have a case against a nursing home? The attorneys at Williams Newman Williams have recovered millions for their clients and can help you. Contact us today for a free consultation.